4964 Deer Ridge - Brechbuhl, Larry/Nancy t Trisfr 94',3558
CONSENT TO ENCROACH
gecor 4
June 10
THIS CONSENT TO ENCROACHMENT (hereafter "Agreement is hereby made and
entered into this I day of 71, fl 1 1996 by and between Larry R. and Nancy J.
Brechbuhl, husband and wife, of Hamilton County, State of Indiana (hereafter, the "First Party
and the City of Carmel, Hamilton County, Indiana by and through its Board of Public Works and
Safety (hereinafter, the "City
WITNESSETH:
WHEREAS, First Party are owners of the real estate located in Hamilton County, State of
Indiana, commonly known as 4964 Deer Ridge Drive North, Carmel, Indiana, located in Hamilton
County, State of Indiana and being more particularly described as follows, to wit:
Lot Number 11 in Valleybrook, Section One, an Addition to the City of Carmel, Hamilton
County, Indiana, as per plat recorded in Plat Book 15, Pages 83 -86, thereof in the Office of the
Recorder of Hamilton County, Indiana (hereinafter, the "Lot
WHEREAS, located on the Lot are certain improvements, including but not limited to,
a residence;
WHEREAS, First Party wishes to construct, on the Lot, a pool surrounded by pavement,
a retaining wall and other surface improvements (hereinafter, the proposed improvements are
collectively referred to as the "Proposed Pool
WHEREAS, First Party has presented a sketch depicting the locations of the residence
and Proposed Pool, on the plat of the Lot, a copy of which is attached hereto and incorporated
herein by reference as Exhibit A (hereinafter, the "Sketch
WHEREAS, there is located on the Lot a forty (40) foot drainage and utility easement
(hereinafter, "Easement which runs along the northern section of the Lot, and which Easement
is crosshatched on the Sketch;
WHEREAS, the Easement benefits the City;
T
WHEREAS, as is indicated on the Sketch, the Proposed Pool will encroach upon the
Easement (hereinafter, the "Encroachment
WHEREAS, First Party and City acknowledge the location of the Encroachment; and
WHEREAS, the parties hereto agree that the terms of this Agreement shall be binding
upon and inure to the benefit of their respective heirs, administrators, successors, and assigns.
NOW, THEREFORE, that for and in consideration of the mutual covenants and
agreements herein contained and other good and valuable consideration, the sufficiency and
receipt of which is hereby acknowledged, the parties hereto now mutually promise, agree and
covenant as follows, to -wit:
1. The foregoing preambles, recitations and definitions are made a part hereof as such are
fully set forth herein.
2. The City hereby consents to the Encroachment for only so long as the Encroachment
exists.
3. First Party hereby covenants and agrees not to extend or increase the Encroachment
beyond that which is indicated on the Sketch.
4. First Party hereby agrees to indemnify and hold harmless City, its respective officers,
officials, members, employees, invitees, licensees and agents from and against any and all loss,
liability, claims, judgments, costs (including attorney fees and court costs), and damages,
including bodily injury and death, occurring on the Lot and resulting directly or indirectly from
City's acts within the Easement."
5. First Party hereby agrees to record this Agreement in the office of the Hamilton County
Recorder and to provide to the City, copies of the Agreement bearing the recording information.
IN WITNESS WHEREOF, First Party and the City have entered into this Agreement on
the date first above written.
FIRST PARTY C TY
e tirg-j
Larry R. Brechbuhl Jam :rain. Mayor,
Aer
Nancy J. eBrechbuhl .1 .4 ember
IlkAir /1
Billy��alker, Member
ATTE =T:
Diana L. Cordray, Clerk- Treasurer
STATE OF INDIANA
SS:
COUNTY OF HAMILTON)
Before me a Notary Public in and for said County and State
personally appeared James Bf 11 i1QV4 the Mayor /Rest' di ntfOriterof the
City of Carmel, Indiana, Board of Public Works Safety',
acknowledged the execution of the foregoing Consent to Encroach
on behalf of the City of Carmel, Indiana, Board of Public Works
Safety. n
Witnessth my hand and Notarial Seal this 17 day of Merl
1996.
My Commission Expires:
r ebv iary I, Z000 i ts 4
Notary Public
My County of Residence is: th lK'1 1 Printed: T 1l /VI V t 1
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CONSULTING ENGINEERS v8.))
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LAND SURVEYORS
31 jCi;►{V 9910 AlllsomiOe Rd. P0. 8c. PO. Box 509001 Iodiaoapofs, IN 46250 CONTROL 16039 Le
(311) 049.5935 1. 800 118 -6911 FAX (311) 849.5911
EXHIBIT A
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EXISTING GRADE E 99.99
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DEER RIDGE DRIVE NORTH
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LOT II VALLEYBROOK
INST. ##8807891
PLAT BK. 15, PG. 83 -86
March 20, 1996
Mr. Tom Welsh, Director
Department of Engineering
1 Civic Square
Carmel, IN 46032
Mr. Welsh,
I called your department on Friday, February 23 and spoke with
Mr. Hill regarding an inground swimming pool that my husband and
I would like to have built. We live in Valleybrook Subdivision
at approximately 140th and Gray Road. There is an easement in
our back yard that was primarily designed for water drainage.
Unfortunately, the pool will encroach upon this easement.
Attached please find letters from all of the utility companies
that service our area for your review. They have all given their
consent to construct the pool. You will note that Jones
Intercable specified a 10' encroachment limit. This should not
be a problem. I have also attached a potential sketch of the
layout in our backyard. We have spoken with several well known
pool builders and have yet to decide on who will actually
construct the pool if we are granted the variance.
We have lived in this house approximately three and one half
years. The entire time we have lived in Valleybrook, there has
been a drainage "problem" in the northwest corner of our
property. There is a beehive in the northeast corner that serves
several lots. It is our intention to "fix" the drainage problem
at the time the pool is being dug. In our opinion either a
second beehive in the northwest corner or drainage tiles in the
swail should correct the "wet" spot in this corner. We will be
glad to do whatever your department feels is necessary (if it is
other than the additional beehive or drain tiles) to ensure that
our pool does not disrupt the waterflow in our neighborhood.
I also spoke to Mr. Hill about the necessity of writing our
neighbors. He was not certain about this being a requirement,
but we will comply with whatever additional steps that need to be
taken in order to obtain your permission to build on a portion of
the easement. Thank you for your consideration in this matter.
Sincerely,
Nancy Brechbuhl
4 964 Deer Ridge Drive North D22 3 g?
Lot 11 3 Z
Valleybrook �0 c'
Home (317) 846 -2429
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Work (317) 375 -6110 R�Gc �s G trots
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